DNA under the fingernails of murder victim Michelle Borer matched that of Anthony Mitchell, a state forensics expert testified Monday as Mitchell’s trial got under way in Lucas County Common Pleas Court.
Mitchell is accused of killing Ms. Borer, 60, who was found dead Dec. 18, 2023, inside her home in the 400 block of Martin Lane in Toledo.
After a jury was seated, Stacy Violi, a forensic scientist with the Ohio Bureau of Criminal Investigation, provided expert testimony about various items that were analyzed, including fingernail clippings and bloodstains.
From these, she said she found DNA that matched Mitchell’s under the fingernails of one of Ms. Borer’s hands. Ms. Violi also said Ms. Borer’s injuries suggested a brutal strangulation.
“DNA doesn’t lie. Science doesn’t lie. Facts don’t lie,” said Angela Zavac, an assistant county prosecutor.
The prosecutor presented supporting information that suggested Ms. Borer put up a fight, as evidenced by her broken nails and the DNA under her nails.
“Now in this case, you’ll hear that Miss Michelle had her own demons, that she struggled with addiction for several years before her death, that she would often allow people to come over to her apartments to partake with her,” she said.
Ms. Zavac argued that the victim offered her home as a safe haven for drug users, and the defendant took advantage of that.
“You’ll also hear how she and the defendant had a brief sexual relationship in the summer of 2023 and how, according to the defendant, that was their last physical contact,” she said in her opening statement.
The defense argued that the victim’s open-door policy and known drug use brought in various elements, casting doubt on Mitchell’s guilt.
“Yes, she had a crack cocaine habit. ... Does that make her a bad person? Absolutely not,” said defense attorney Phillip Carlisle. “All of us have our struggles in life, some just in different fashions, some more severe than others.
“However, with this lifestyle, it brings in a certain type of company, whether that’s other drug addicts or drug dealers,” he said. “And because of that addiction, drug addicts will do almost anything to get to the next high.”
The defense considered the DNA evidence found under the victim’s nails as unreasonable and a “huge leap” to make in determining the defendant committed the crime.
Furthermore, the defense claimed that no evidence placed Mitchell at Ms. Borer’s apartment during the relevant time period.
“What the state of Ohio cannot and will not be able to prove is that my client, Anthony Mitchell, was over at Michelle Borer’s apartment between Dec. 15 and Dec. 18. They cannot prove that he had any contact with Michelle or between those dates, either,” Mr. Carlisle said.
“There is no video evidence showing Mr. Mitchell over there. There’s no eyewitness evidence of Mr. Mitchell being seen over there, and there’s no additional corroborated evidence that even places him in the vicinity during this period of time,” he said.
Prosecutors said that while they would not be able to provide play-by-play account of what occurred over those days, they can in fact provide “science — cold, hard, unrelenting facts” that prove Mitchell killed Ms. Borer.
“Anthony Mitchell comes before you today, charged with aggravated murder, murder, felonious assault, aggravated burglary, and strangulation. And we, the state of Ohio, will be coming before you at the end of this trial” asking that he be declared guilty of all counts, Ms. Zavac said.
The jury listened to the frantic 911 call placed by the victim’s daughter, Crystal Wagener, 39. The recording was authenticated by Toledo Police Lt. Bill Cook.
Ms. Wagner testified that after several days of her calls going to her mom’s voicemail, she went to check on her. Officers were dispatched to the home after Ms. Wagner found the victim inside.
The trial is to resume at 9 a.m. Tuesday before Judge Lori Olender.
First Published January 28, 2025, 12:59 a.m.
